Special leave to appeal the application was heard by the High Court on 15 September 2017. The High Court refused special leave.

In a majority decision on 29 March 2017 the Full Court of the Federal Court imposed penalties totalling $242,000 on the respondents. This decision was the result of the ABCC's appeal of a penalty decision handed down on 30 May 2016 in which penalties totalling $23,500 were imposed on the respondents.

The ABCC alleged the CFMEU and other respondents intended to coerce Perth Airport Pty Ltd and its contractors at the Perth International Airport’s Arrivals Expansion Project. It was alleged the respondents took coercive action on 22 October 2013, in the form of a blockade of the project site, because of allegations of unpaid entitlements. The blockade allegedly involved 100 people occupying the site entrances in a way that prevented or dissuaded 160 employees from entering the site.

It was alleged that respondent Mr Molina and another person wearing a CFMEU logo on their shirt spoke to a subcontractor who was attempting to enter the site and said “You are not going on Site today” and “Can you please just wait until the camera crews have gone before you come back on Site?”

The ABCC alleged the CFMEU, and Messrs Buchan, McDonald, Joshua, Molina, McCullough and Harris contravened s348 of the Fair Work Act.